Neutral Citation No. - 2025:AHC:62333 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40035 of 2024 Applicant :- Wakar Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.K. Mishra,Pratik Kumar Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Rejoinder affidavit filed by learned counsel for the applicant is taken on record. 3. Heard Sri A.K. Mishra, learned counsel for applicant and Sri R.P. Patel, learned State Law Officer for the State. 4. The present bail application has been filed by the applicant in Case Crime No.574 of 2024, under Sections 87, 64, 115(2), 351(3) B.N.S., Police Station- Modi Nagar, District- Ghaziabad with the prayer to enlarge him on bail. 5. As per prosecution story, two unknown persons are stated to have called the victim by signs and had enticed her away on 18.8.2024 at about 10:00 p.m. on a Passion motorcycle. 6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. There is no test identification parade of the applicant. The identification of the applicant on the basis of CCTV footage has no evidentiary value in the Bharatiya Sakshya Adhiniyam. Learned counsel has stated that it is true that victim has sustained one injury on the left side of her face, but the said injury is simple in nature. 7. Learned counsel for the applicant has further stated that the FIR itself is delayed by about one day and there is no explanation of the said delay caused. There is no internal injury sustained by the victim. The victim is a consenting party and being a major girl she had gone with the applicant and two unknown persons on motorcycle. The applicant is languishing in jail since 20.8.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that it is true that victim was 20 years old, but she was deaf and dumb and was slow in understanding things, as such, she was enticed away. The identification of the applicant stands established by the CCTV footage wherein Passion motorcycle bearing registration no.UP15 EA 9574, which has been mentioned in the FIR, has been found. The registration document indicates that the said motorcycle belongs to the applicant only as he is registered owner of it. 9. Learned State Law Officer has further argued that the applicant has been identified in the CCTV footage, as such, it is an open and shut case as far as the applicant is concerned. The consent of the victim, if any, has no significance whatsoever, although it is not a case of consent. 10. Taking into consideration the rival submissions, the fact that victim a was deaf and dumb girl and the applicant has been identified by Passion motorcycle bearing registration no.UP15 EA 9574 in the CCTV footage, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.4.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad